Commonly referred to as Prenup, the prenuptial agreement is a contract between the two future spouses prior to the marriage determining the division of their assets in the event of divorce or death.
This agreement, if it facilitates the procedure in case of divorce by specifying the applicable regime and legislation that can thus avoid a long and costly legal battle, to be valid and indisputable, must respect conditions of form and substance. Why do you need a prenup?
The prenup will protect your pre-marriage property while determining the division between the two of the assets acquired during the marriage. It will be drafted according to the wishes of both parties, additional clauses can be added. For example, in Thailand, it may be determined that spouses will not be liable for debts incurred by the individual spouse.
The determining point will be the validity of the contract and its provisions. In advance of the writing, in complete transparency, each party will exhibit all of its heritage. Your lawyer will exchange with you, according to your assets and projects, on clauses to include in order to protect your interests while being in compliance with the legislation. Contrary provisions will be considered null and void, as well as clauses that would be considered unfair to one of the spouses or that would cause certain harm to the children.
If the prenuptial contract is generally signed by couples with an individual patrimony with a great disparity, the professional, personal and family situations being called to evolve, the prenuptial contract is always recommended. Registration procedure: With the Thai authorities: This contract will be registered before the wedding, in the city hall (town hall), the signatures of two witnesses will be necessary. With the French authorities: if you would like your marriage to also be registered in France. A copy must be given to the registrar before the celebration or at the time of the transcription of the marriage if the marriage was previously celebrated by the local authorities). This contract will then be mentioned in the margin of the act.
Can the prenup be signed after the wedding? No, because as its name indicates, the prenup must be registered with the competent authorities before the marriage. It should be noted, however, that in the absence of an upstream agreement, a marriage contract may be established between the spouses.
We can assist you if you have additional questions or to set an appointment with us contact@operaconsulting.co.th